Pressed Steel Car Co., Inc.

In the Matter Of PRESSED STEEL CAR COMPANY, INC., DOMESTIC APPLIANCE DIVISION and INTERNATIONAL ASSOCIATION OF MACHIN- ISTS, TOOL AND DIE MAKERS LODGE No. 113, DISTRICT No. 8 Case No.13-R-3154.-Decided July 18,1946 Mr. Arthur J. Kuhn, of Chicago, Ill., for the Company. Messrs. P. L. Siemiller and Benjamin Skidmore, both of Chicago, Ill., for the IAM. Messrs. Irving Meyers and Pat Greathouse , both of Chicago, Ill., for the UAW-CIO. Mr. B. M. Ettenson, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a petition duly filed by International Association of Machin- ists, Tool and Die Makers Lodge No. 113, District No. 8, herein called the IAM, alleging that a question affecting commerce had arisen con- cerning the representation of employees of Pressed Steel Car Com- pany, Inc., Domestic Appliance Division, Chicago, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Benjamin B. Salvaty, Jr., Trial Examiner. The hearing was held at Chicago, Illinois, on April 30, 1946. The Company, the IAM, and Interna- tional Union, United Automobile, Aircraft & Agricultural Implement Workers of America, Local Union No. 166, CIO, herein called the UAW-CIO, appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Exam- iner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Under the entire record in the case, the Board makes the following : FINDING OF FACT 1. THE BUSINESS OF THE COMPANY Pressed Steel Car Company, Inc., a Pennsylvania corporation with its principal offices located in Pittsburgh, Pennsylvania, is licensed to 69 N. L. R. B., No. 77. 629 630 DECISIONS OF NATIONAL LABOR RELATIONS BOARD do business in the State of Illinois. The Domestic Appliance Division of the Company, located at Chicago, Illinois, which is engaged in the manufacture and sale of domestic appliances, is the only plant involved in this proceeding. The Domestic Appliance Division was formerly the Company's Armored Tank Division at which it was engaged in the manufacture and sale of armored tanks for the United States Army. During the calendar year 1945 the Company at the Armored Tank Division purchased raw materials such as steel, valued in excess of $1,000,000, of which approximately 75 percent was shipped to the Armored Tank Division from points outside the State of Illinois. During the same period the Company's sales exceeded $1,000,000, of which approximately 90 percent was shipped by the Company to points outside the State of Illinois. Since January 1946 the Company at the Domestic Appliance Division purchased raw materials and ma- chinery in excess of $1,000,000, of which approximately 50 percent was shipped to the Company from points outside the State of Illinois. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Association of Machinists, Tool and Die Makers Lodge No. 113, District No. 8, is a labor organization admitting to member- ship employees of the Company. International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, Local Union No. 166, is a labor or- ganization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION; THE ALLEGED APPROPRIATE UNIT The Company has refused to grant recognition to the TAM as the exclusive bargaining representative of certain employees in the Com- pany's Domestic Appliance Division until the IAM has been certified by the Board in an appropriate unit. The UAW-CIO contends that there is an existing contractual relationship between it and the Com- pany which should effectively bar this proceeding, and moreover, that the unit sought by the IAM is inappropriate. The IAM petitions for a collective bargaining unit of all the em- ployees of the toolroom of the Company's Domestic Appliance Di- vision, Chicago, Illinois, except for office and clerical employees, and supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action. The UAW-CIO desires the con- tinuance of the plant-wide production and maintenance unit which PRESSED STEEL CAR COMPANY, INC . 631 it has represented since its certification by the Board in 1943. The Company is neutral with regard to this contention. The Company's Domestic Appliance Division was formerly the Company's Armored Tank Division. The Armored Tank Division began operations in 1940, when the Company received contracts for the production of armored tanks for the United States Army. The number of employees grew from 300 to a maximum of approximately 3,300 in August 1944. In June 1945, as a result of the curtailment of war production, the number of employees was cut to 2,000. In August of that year there was a further decrease in the number of employees to 1,000. This last decrease was the result of the cancella- tion of the war contracts. The Armored Tank Division ceased mak- ing that product at that time. Recently, and as a result of the cancel- lation of the war contracts, the Armored Tank Division was converted to the Domestic Appliance Division., and it concerned itself with the manufacture of domestic appliances and in particular electric ranges. At the time of the hearing the Company was still in the experimental stage and had not begun to manufacture domestic appliances for sale on the open market. The physical structure of the Domestic Appli- ance Division is similar, in the main, to that of the Armored Tank Division. The situation and physical lay-out of the toolroom is identi- cal with the exception of some different machines replacing the older machines utilized to produce armored tanks. The toolroom is en- closed within a larger building, and a separate entrance is utilized by the employees of the toolroom. At the present time, there are 33 tool and die makers, 8 machinists special purpose, 2 tool crib attendants, and 3 sheet metal model mak- ers, employed in the toolroom. This is essentially the same depart- mental group as has existed since the Armored Tank Division began operations with the exceptions of the 3 sheet metal model makers. The IAM argues that the change of production from armored tanks to electrical appliances is such a conversion as to cause the employees of the toolroom to constitute a different group and that this circum- stance supports its request for severance. We do not agree. The evidence shows that the tool and die maker in the present division is substantially the same as the tool and die maker under the armored tank era. It is true that the tool and die maker today is required to perform the duties of heat treat, tool grinding, and tool inspection. These added duties, which are normally included within the classifi- cation of tool and (lie maker, have resulted from the discharge of less skilled employees who formerly performed these duties. The fact that a different product is being manufactured does not, in our opinion, constitute a sufficient ground, standing alone, for severance o: this craft. 632 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The UAW-CIO contends, and we believe its contention is correct, that the history of collective bargaining precludes the establishment of the toolroom employees as a separate unit. The UAW-CIO won a Board election held among the employees of the Armored Tank Division in 1942, and it was certified as the col- lective bargaining representative for the plant-wide production and maintenance unit." Asa result of this, on June 24, 1943, a contract was entered into between the Company and the UAW-CIO. A second elec- tion was held among the employees in 1944, and a second contract was entered into for the same unit between the UAW-CIO and the Com- pany.2 During this entire period the UAW-CIO bargained for all employees in the plant-wide production and maintenance unit which included the employees in the toolroom, and it presented several grievances to the Company an behalf of the toolroom employees. Some time in 1943 the UAW-CIO requested the establishment of a tool and die maker classification, which would result in raising the rates of pay of qualified employees in the toolroom, but no agreement was reached. This grievance was again revived in March or April 1944, at which time the employees in the toolroom engaged in a brief work stoppage in furtherance of a renewed effort to have the tool and die makers classification established. Thereafter the UAW-CIO nego- tiated an agreement with the Company that the classification should be established and that the employees should qualify for the new jobs by taking certain examinations. On May 25, 1944, the War Labor Board approved the creation of the classification. Whether or not it is entitled to sole credit for this achievement, it is clear that the UAW- CIO gave the project full support and material aid. There is evidence to the effect that the employees of the toolroom met with the Company on one other occasion in an attempt to reinstate employees who had been discharged, but, on the other hand, the record also indicates that the UAW-CIO filed grievances with the Company regarding the rein- statement of these same individuals. The UAW-CIO has in the past had a shop steward among the toolroom employees. At the present time, a tool and die maker is a member of the UAW-CIO bargaining committee. Furthermore, there is no evidence that the IAM attempted to enlist the toolroom employees until late in 1945 or early 1946. The IAM attempted to show that an industry pattern in the Chicago area supports its request for severance of the toolroom. We are not See Matter of Pressed Steel Car Company, Inc., 46 N. L. R. B. 262. a This contract expired on March 1, 1945, but its provisions continued to be observed by the parties during the period of negotiations which followed. Between January 1945 and January 1946, the Company and the UAW-CIO signed memoranda of agreement con- cerning lay-offs, reemployment rights of servicemen, check- off and maintenance of mem- bership. Since the 1944 contract as orally extended and the written supplemental agree- ments are for an indefinite term, we find no merit In the UAW-CIO's contention that there is a contractual bar to this proceeding. PRESSED STEEL CAR COMPANY, INC. 633 persuaded by the evidence adduced that any relevant custom exists in this area or industry. In view of the facts set forth above, we are of the opinion that the employees in the unit proposed by the IAM have been effectively repre- sented for several years as part of the plant-wide bargaining unit, and that no sufficient justification exists for disturbing the historical pat- tern by setting apart the toolroom at this time.' We, therefore, find that the unit sought by the IAM is not an appropriate bargaining unit, and we shall dismiss the petition. ORDER Upon the basis of the above findings of fact and the entire record in the case, the Board hereby orders that the petition for investigation and certification of representatives of the employees of the Pressed Steel Car Company, Inc., Domestic Appliance Division, Chicago, Illi- nois, by the International Association of Machinists, Tool and Die Makers, Lodge No. 113, District No. 8, be, and it hereby is, dismissed. 3 Matter of American Can Company, 13 N. L. It. B. 1252: ef. Matter of Goodyear Tire h Rubber Company, 55 N. L. R. B. 918 ; Matter of General Electric Company ( Lynn River Works and Everett Plant ), 58 N. L. It. B. 57; and Matter of L. E. Shank Latex Products, Inc., 67 N . L. R. B. 552.